BILL ANALYSIS �
AB 312
Page 1
Date of Hearing: March 22, 2011
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 312 (Lowenthal) - As Introduced: February 9, 2011
As Proposed to be Amended
SUBJECT : HATE CRIMES: HOMELESS PEOPLE
KEY ISSUE : SHOULD HOMELESSNESS BE CLEARLY PROTECTED AGAINST
HATE-BASED VIOLENCE?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This timely measure seeks to address the sizeable and disturbing
problem of hate-based violence against some of the most
vulnerable members of our society. According to the author,
there are an estimated 157,000 homeless people in California,
many of whom suffer from mental and physical illness, and are
less likely to receive comprehensive medical treatment.
Compounding these difficulties, homeless people are often the
target of violent attacks because they are perceived to be
defenseless targets, second-class citizens unworthy of respect
or mercy, or because the perpetrators know the likelihood of
suffering legal consequences from their actions is not as high
as it would be if they assaulted another member of the
community. Supporters of the bill report that California has
the second-highest rate of violence against the homeless in the
nation. This bill would address the problem through the proven
mechanism of the hate-crimes statute, adding homelessness to the
list of characteristics protected against hate-based violence.
Despite the lack of opposition, Governor Schwarzenegger vetoed
an identical bill last year. The author hopes that Governor
Brown may be more sympathetic.
SUMMARY : Clarifies protections and remedies for hate-based
violence directed at homeless people. Specifically, this bill :
1)Provides that the protections and remedies of the Ralph Civil
Rights Act include violence or intimidation by threat of
violence committed against a person or property because the
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person is or is perceived to be homeless.
2)Defines "homeless person" to mean a person who does not have a
fixed, regular, and adequate nighttime residence; a person
that has a nighttime residence that constitutes any of the
following: a supervised, publicly or privately operated
shelter designated to provide temporary living accommodations,
including, but not limited to, welfare hotels, congregate
shelters, and transitional housing; an institution that
provides a temporary residence for individuals intended to be
institutionalized; or a public or private building or
designated area that is not ordinarily designed for, or
ordinarily used for, sleeping accommodations for persons.
EXISTING LAW :
1)Establishes the Ralph Civil Rights Act, which provides that
all persons within the jurisdiction of this state have the
right to be free from any violence, or intimidation by threat
of violence, committed against their persons or property
because of personal or other characteristics or statuses, such
as political affiliation, sex, race, color, religion, marital
status, sexual orientation or position in a labor dispute.
(Civil Code section 51.7.)
2)Provides that a person who violates the Ralph Civil Rights Act
or aids, incites, or conspires in that act, is liable for
actual damages suffered by any person denied that right, as
well as a civil penalty and attorney's fees. (Civil Code
section 52(b).)
3)Further provides that whenever there is reasonable cause to
believe that any person or group of persons is engaged in
conduct of resistance to the full enjoyment of any of the
foregoing rights the Attorney General, any district attorney
or city attorney, or any person aggrieved by the conduct may
bring a civil action. (Civil Code section 52(c).)
COMMENTS : The author explains the need for the bill as follows:
There are an estimated 157,000 homeless people in
California, perhaps the most vulnerable population in the
state. Of those 30, 000 are veterans. They are more
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likely to suffer from mental and physical illness, and less
likely to receive comprehensive medical treatment. Even
worse, they are the population most likely to be the target
of violent attacks. In the last year alone, homeless people
have been set on fire, stabbed, shot, and beaten with
baseball bats. California has the second-highest rate of
violence against the homeless in the nation.
Young adults, primarily in their teens, are the most common
perpetrators of violence against the homeless: 43% are
between the ages of 13 and 19 and nearly 3 out of 4 of the
attackers are under 25. While the motives for these
attacks are not always clear, it is obvious that many were
committed because the victim was homeless or because the
homeless are more vulnerable.
The perpetrators may perceive the homeless as easy
defenseless targets. They may see the homeless as
second-class citizens, unworthy of respect or mercy. These
criminals may prey on the homeless because they know the
likelihood of suffering legal consequences from their
actions is not as high as it would be if they assaulted
another member of the community.
The Committee Passed An Identical Measure By The Author Last
Year. This bill is identical to the author's measure last year,
AB 2706, which was vetoed by Governor Schwarzenegger who cited a
concern that the bill "could result in legal challenges and
increased court costs."
Growing Concern Regarding Hate Violence Directed At Homeless
People. The author notes that there are serious concerns about
the perplexing increase in violence toward homeless people, as
documented by a number of studies, including a National
Coalition for the Homeless' report on "America's Growing Tide of
Violence, August 2010" (available at www.nationalhomeless.org)
which follows up on an earlier report entitled "Hate Crimes and
Violence Against People Experiencing Homelessness 2008," and a
Special Report to the Legislature on Senate Resolution 18, 2002
"Crimes Committed Against Homeless Persons" (available at
http://ag.ca.gov/cjsc/publications/misc/SR18net/preface.pdf.)
The author notes in addition that this phenomenon has been
previously recognized by the Legislature in Penal Code section
13519.64.
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This Bill Would Provide Additional Means Of Deterring And
Punishing Hate-Based Violence Against Homeless People. The
Ralph Civil Rights Act of 1976 currently provides that all
persons have the right to be free from violence and intimidation
by threat of violence based on, among other things, race,
religion, ancestry, national origin, and gender. These rights
may be enforced by a private action for damages and equitable
relief as well as criminal sanctions for violations. By
establishing these rights and providing access to the courts for
their vindication, the Ralph Act was designed to provide
important and, it appears, largely effective protection for the
classes of people covered by the statute. In light of the
evident problem of hate violence directed at some people because
they are homeless, this bill seeks to duplicate that success by
expressly extending these protections to another vulnerable
group, adding the term "homeless person" to the list of
protected characteristics and statuses under the Act, borrowing
definitions drawn from federal law to capture the practical
meaning of that term. (See 42 U.S.C. section 11302.)
The bill's supporters include agencies dedicated to helping
people in need throughout southern California. They assert that
they have seen first-hand the tragic problem of violence against
homeless people. By classifying attacks against the homeless as
a civil crime, they believe, this bill would discourage many
would-be offenders from committing these violent acts.
Author's Technical Amendments. To correct a drafting error, the
author appropriately proposes to amend the bill by adding a
comma on page 2, line 21, after the word "operated." In
addition, Assembly Member Brownley is to be added as a
co-author.
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
California Psychiatric Association
Consumer Attorneys of California
Gramercy Housing Group
Mental Health America - Los Angeles
People Assisting the Homeless (PATH)
PATH Ventures
Regional Task Force on the Homeless
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Swords to Ploughshares
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334